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Justinian I · The Digest of Justinian §39.5.12.pr

Benefit of Competence of Donor and Debt Deductions

Passage 6227 of 9271 · Latin

Summary

It regulates that a debtor under a donation has the benefit of competence to be sued only to the extent of his ability, where genuine debts to creditors are deducted from his assets, but obligations from other donations are not.

[ULPIANUS libro tertio disputationum. ] §39.5.12.prQui ex donatione se obligauit, ex rescripto diui Pii in quantum facere potest conuenitur.
[ULPIAN in the third book of discussions.] A person who has bound himself by a donation is sued, under a rescript of the divine Pius, to the extent of his ability to perform.
sed enim id, quod creditoribus debetur, erit detrahendum: haec uero, de quibus ex eadem causa quis obstrictus est, non debebit detrahere.
But indeed, that which is owed to creditors must be deducted; however, he will not have to deduct those things which one is bound for under the same cause.

Notes

  1. §39.5.12.prin quantum facere potest — The verb facere here means "to perform" or "to pay," referring to the debtor's privilege of competence (beneficium competentiae), which limits their liability to their actual ability to perform.
  2. §39.5.12.prhaec uero, de quibus ex eadem causa quis obstrictus est, non debebit detrahere — haec uero is the direct object (neuter plural accusative) of detrahere. ex eadem causa (from the same cause) refers to other obligations arising from donations. While actual debts to creditors must be deducted to calculate the donor's remaining assets, other donation obligations are not to be deducted as priority debts.

Cite this passage

Justinian I, The Digest of Justinian §39.5.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.5.12.pr

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